Case: 13-41164 Document: 00512871205 Page: 1 Date Filed: 12/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-41164
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 16, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
DANIEL ALVA-BAENA, also known as Daniel Alva-Bahena,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:13-CR-511-1
Before KING, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Daniel Alva-Baena has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).
Alva-Baena, who has completed his sentence of imprisonment, has not filed a
response. We have reviewed counsel’s brief and the relevant portions of the
record reflected therein. We concur with counsel’s assessment that the appeal
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-41164 Document: 00512871205 Page: 2 Date Filed: 12/16/2014
No. 13-41164
presents no nonfrivolous issue for appellate review. Accordingly, counsel’s
motion for leave to withdraw is GRANTED, counsel is excused from further
responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous
and in part as moot. See 5TH CIR. R. 42.2; United States v. Rosenbaum-Alanis,
483 F.3d 381, 382-83 (5th Cir. 2007).
2